The Police (Complaints and Misconduct) (Amendment) Regulations 2006

Amendment of the Police (Complaints and Misconduct) Regulations 2004

2.—(1) The Police (Complaints and Misconduct) Regulations 2004(1) are amended in accordance with this regulation.

(2) In regulation 2 (reference of complaints to the Commission), in each of paragraphs (3)(a) and (4)(a) omit “working”.

(3) In regulation 5(3) (recording and reference of conduct matters), in each of sub-paragraphs (a) and (b) omit “working”.

(4) After regulation 5 insert the following regulation—

“Reference of Death or Serious Injury (DSI) matters

5A.   Any DSI matter which is required to be referred to the Commission shall be referred in such manner as the Commission specifies and—

(a) in a case where the Commission directs that the matter be referred to it, not later than the end of the day following the day on which the Commission so directs;

(b) in any other case, not later than the end of the day following the day on which the matter first comes to the attention of the appropriate authority.”

(5) In regulation 6 (power of Commission to impose requirements in relation to an investigation which it is supervising), in each of paragraphs (1) and (2), for the words “or recordable conduct matter” substitute “, recordable conduct matter or DSI matter”.

(6) In regulation 7 (power of Commission to discontinue an investigation)—

(a) in paragraph (2)(c) for “or conduct matters” substitute “, conduct matters or DSI matters”;

(b) in paragraph (3) for “or conduct matter” substitute “, conduct matter or DSI matter”.

(7) In regulation 11 (manner in which duties to provide information are to be performed), in each of paragraphs (2) and (3) for “or conduct matter” substitute “, conduct matter or DSI matter”.

(8) In regulation 20(2)(a) (relinquishing the Commission’s supervision or management of an investigation), after “the complainant” insert “, any interested person within the meaning of section 21 of the 2002 Act”.

(9) In regulation 24 (keeping of records), after paragraph (b) insert the following paragraph—

“(ab) every DSI matter recorded by it or him under paragraph 14A(2) of Schedule 3 to the 2002 Act;”.

(10) Omit regulation 26(5) (delegation of powers and duties by chief officer).

(1)

S.I. 2004/643.

(2)

Paragraph 14A was inserted by section 160 of, and paragraph 12 of Schedule 12 to, the Serious Organised Crime and Police Act 2005.